[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6684 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6684

    To improve flood protection and water resources enhancement and 
utilization along the Sacramento River and in the Yolo Bypass region of 
California, to improve policies and procedures for civil works projects 
        of the Army Corps of Engineers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2020

  Ms. Matsui (for herself and Mr. Garamendi) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To improve flood protection and water resources enhancement and 
utilization along the Sacramento River and in the Yolo Bypass region of 
California, to improve policies and procedures for civil works projects 
        of the Army Corps of Engineers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act shall be known as the ``Yolo Bypass System Improvement Act 
of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Governor.--The term ``Governor'' means the Governor of 
        the State of California, acting through the Director of the 
        Department of Water Resources and the President of the Central 
        Valley Flood Protection Board, or their designees.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (3) Yolo bypass system.--The term ``Yolo Bypass System'' 
        means the system of weirs, levees, bypass structures, lands and 
        other measures in California's Sacramento River Valley, 
        extending from the Fremont Weir near Woodland, California, to 
        the Sacramento River near Rio Vista, California, authorized 
        pursuant to section 2 of the Act of March 1, 1917 (chapter 144; 
        39 Stat. 948).
            (4) Yolo bypass and cache slough partnership; 
        partnership.--The terms ``Yolo Bypass and Cache Slough 
        Partnership'' and ``Partnership'' mean the group of parties to 
        the Yolo Bypass and Cache Slough Memorandum of Understanding, 
        effective May 2016, regarding collaboration and cooperation in 
        the Yolo Bypass and Cache Slough Region.

SEC. 3. YOLO BYPASS SYSTEM COMPREHENSIVE STUDY.

    (a) Comprehensive Study.--
            (1) In general.--The Secretary, in collaboration with the 
        Governor and in coordination with the participants described in 
        paragraph (2), shall conduct a comprehensive study of the Yolo 
        Bypass System that addresses multiple water resources and 
        related objectives within the Yolo Bypass System, including 
        flood risk management, ecosystem restoration, water quality and 
        supply, agriculture, and recreation.
            (2) Participants.--In carrying out paragraph (1), the 
        Secretary and the Governor shall coordinate with--
                    (A) the members of the Yolo Bypass and Cache Slough 
                Partnership; and
                    (B) other appropriate regional and local agencies, 
                municipalities, and counties, as determined appropriate 
                by the Secretary and the Governor.
            (3) Prior initiatives.--In conducting the study under 
        paragraph (1), the Secretary shall incorporate, to the maximum 
        extent practicable, relevant information and findings from 
        prior and ongoing initiatives addressing flood control in the 
        Yolo Bypass region, such as--
                    (A) prior studies and projects by the Secretary, 
                including the Sacramento River General Reevaluation 
                Report;
                    (B) the State of California Central Valley Flood 
                Protection Plan and Basin-Wide Feasibility Study and 
                Lower Sacramento River/Delta North Regional Flood 
                Management Plan;
                    (C) activities and findings of the Yolo Bypass and 
                Cache Slough Partnership;
                    (D) the Sacramento and San Joaquin River Basins 
                Comprehensive Study;
                    (E) the Governor's Water Resilience Portfolio 
                Initiative; and
                    (F) other applicable Federal, State, regional, and 
                local initiatives relating to flood control, ecosystem 
                restoration, water supply, or agriculture.
            (4) Objectives.--In conducting the study under paragraph 
        (1), the Secretary shall study ways to--
                    (A) in carrying out studies and projects, increase 
                the role of non-Federal sponsors by more fully 
                incorporating the capabilities of the non-Federal 
                sponsors in areas such as personnel and funding 
                resources, technical expertise and experience, and 
                knowledge in project planning, design, construction, 
                real estate acquisition, contracting, project 
                operation, and maintenance;
                    (B) improve the Secretary's approach to review and 
                implementation of system-wide, multipurpose water 
                resources investigations with the goal of increasing 
                the likelihood of favorable recommendations for 
                congressional approval;
                    (C) improve the process for evaluating flood risk 
                management for urban areas;
                    (D) improve the quantification and identification 
                of benefits provided by water resource development 
                projects, including consideration of benefits relating 
                to life safety, disadvantaged communities, business 
                continuity, economic opportunity, and emergency 
                operations;
                    (E) incorporate the latest technical data and 
                scientific approaches to changing hydrologic and 
                climatic conditions;
                    (F) improve the Secretary's ability to assess 
                potential damage reduction to lands in agricultural 
                production, taking into account trends in conversion to 
                higher-value crops;
                    (G) improve the Secretary's ability to consider 
                potential flood risk management projects based on an 
                integrated system basis rather than a solely 
                incremental basis, using multi-benefit analyses;
                    (H) improve the Secretary's analyses of the costs 
                of repetitive damages that are prevented by completing 
                a project, especially in light of changes in hydrologic 
                and climatic conditions; and
                    (I) improve the Secretary's ability to evaluate 
                ecosystem restoration and other environmental benefits.
            (5) Review of existing authorities.--
                    (A) In general.--In conducting the study under 
                paragraph (1), the Secretary shall include a review of 
                existing Federal authorities, including the Secretary's 
                guidance on implementing such authorities, relating to 
                flood risk management and ecosystem restoration that 
                could be more effectively applied to the Yolo Bypass 
                System, with a focus on provisions of the Water 
                Resources Reform and Development Act of 2014 (Public 
                Law 113-121), the Water Resources Development Act of 
                2016 (title I of Public Law 114-322), and the Water 
                Resources Development Act of 2018 (title I of Public 
                Law 115-270) relating to the Secretary's review of 
                potential projects.
                    (B) Inclusions.--In carrying out subparagraph (A), 
                the Secretary shall include consideration of the 
                following:
                            (i) The results of the studies and reports 
                        under, and the implementation guidance 
                        developed pursuant to, the following 
                        authorities:
                                    (I) Section 3023 of the Water 
                                Resources Reform and Development Act of 
                                2014.
                                    (II) Section 3024 of the Water 
                                Resources Reform and Development Act of 
                                2014.
                                    (III) Section 1103 of the Water 
                                Resources Development Act of 2018.
                                    (IV) Section 1204 of the Water 
                                Resources Development Act of 2018.
                                    (V) Section 1211 of the Water 
                                Resources Development Act of 2018.
                                    (VI) Section 1214 of the Water 
                                Resources Development Act of 2018.
                            (ii) The authorities provided by, and the 
                        requirements of, the following:
                                    (I) Section 22 of the Water 
                                Resources Development Act of 1974 (42 
                                U.S.C. 1962d-16).
                                    (II) Section 203 of the Water 
                                Resources Development Act of 1986 (33 
                                U.S.C. 2231).
                                    (III) Section 204 of the Water 
                                Resources Development Act of 1986 (33 
                                U.S.C. 2232).
                                    (IV) Section 906 of the Water 
                                Resources Development Act of 1986 (33 
                                U.S.C. 2283).
                                    (V) The National Levee Safety Act 
                                of 2007 (33 U.S.C. 3301 et seq.).
                                    (VI) Section 3022 of the Water 
                                Resources Reform and Development Act of 
                                2014 (33 U.S.C. 2351).
    (b) Identification and Expedited Completion of Specific Studies by 
the Secretary.--
            (1) Identification.--Based on the study conducted under 
        subsection (a), the Secretary shall identify site-specific 
        studies of potential flood risk management and ecosystem 
        restoration projects within the Yolo Bypass System that have 
        potential for resulting in projects that could be favorably 
        recommended for action to Congress.
            (2) Authorization.--The Secretary shall conduct any site-
        specific study identified under paragraph (1), on an expedited 
        basis, subject to the availability of appropriations.
    (c) Identification of Specific Studies and Initiatives by Others.--
            (1) Identification.--The Secretary, in collaboration with 
        the Governor and in coordination with other Federal 
        participants in the study conducted under subsection (a), shall 
        identify potential additional studies and initiatives within 
        the purview of other Federal and State agencies to address, 
        with respect to the Yolo Bypass System--
                    (A) aquatic and related terrestrial resources and 
                habitat;
                    (B) water quality and supply;
                    (C) agricultural sustainability; and
                    (D) recreation.
            (2) Effect on other entities.--Identification of a study by 
        the Secretary under paragraph (1) shall not affect the 
        authority of a Federal or State agency to carry out the study.
    (d) Incorporation of Concurrent Initiatives.--In carrying out this 
section, the Secretary shall, to the maximum extent practicable, 
incorporate findings available from the Yolo Bypass System master plan 
prepared under section 4, including baseline technical, hydrologic and 
hydraulic, and environmental information, and incorporate the 
recommendations, policy guidance, and project prioritization of the 
Yolo Bypass and Cache Slough Partnership.
    (e) Cost Sharing.--The Federal share of the cost of conducting the 
study authorized in subsection (a) shall be 75 percent, and the non-
Federal share shall be 25 percent. The non-Federal share may be 
contributed in the form of in-kind or cash contributions.
    (f) Report to Congress.--Not later than 12 months after the date of 
enactment of this Act, the Secretary shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report 
containing--
            (1) findings from the study conducted under subsection (a);
            (2) changes to policies that have been, or will be, 
        implemented as a result of the study conducted under subsection 
        (a), as they relate to the Yolo Bypass System and nationally, 
        including such changes resulting from the review of existing 
        statutory authority under subsection (a)(5);
            (3) site-specific studies in the Yolo Bypass System that 
        have been identified under subsection (b) and the Secretary's 
        schedule for conducting such studies;
            (4) potential studies and initiatives by others identified 
        under subsection (c), along with the views of those agencies 
        having jurisdiction;
            (5) recommendations for legislative changes that are 
        necessary to further the objectives described in subsection 
        (a), relating to the Yolo Bypass system or nationally; and
            (6) written views of the Governor on activities undertaken 
        pursuant to this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $1,000,000.

SEC. 4. YOLO BYPASS SYSTEM MASTER PLAN.

    (a) In General.--The Secretary, in collaboration with the Governor 
and other Federal and non-Federal agencies with jurisdiction over the 
Yolo Bypass System, shall prepare a master plan for the study, 
implementation, and regulation of flood risk management projects and 
related water resources projects within the Yolo Bypass System. The 
Secretary and the Governor shall determine other participants to be 
invited to participate in development and implementation of the plan.
    (b) Objectives.--The overarching purposes of the master plan shall 
be to establish a framework for making better, quicker, and well-
coordinated multi-level interagency decisions in the Yolo Bypass System 
for--
            (1) the Secretary's actions, relating to--
                    (A) civil works studies and projects undertaken for 
                flood risk management and ecosystem restoration; and
                    (B) decisions on regulatory matters under the 
                Secretary's jurisdiction, including actions to better 
                coordinate and facilitate programmatic and regulatory 
                decisions; and
            (2) actions by other Federal, State, and local agencies 
        relating to implementing programs and policies and making 
        decisions on regulatory matters within those agencies' 
        respective jurisdictions.
    (c) Supporting Goals.--In preparing the plan, the entities 
participating in the preparation of the plan shall address the 
following goals:
            (1) Address, coordinate, and provide a forum for developing 
        consensus on the broad objectives of the Yolo Bypass System 
        integrated program established under section 5.
            (2) Identify existing and planned activities within the 
        Yolo Bypass System relating to flood risk management, ecosystem 
        restoration, water quality and supply, agriculture, and 
        recreation, within the jurisdiction of all participants in the 
        plan.
            (3) Integrate flood risk management and other water-related 
        activities into a overall systemwide assessment.
            (4) Identify specific challenges and opportunities facing 
        local, regional, State, and Federal agencies involved in or 
        affected by projects or regulatory decisions in the Yolo Bypass 
        System.
    (d) Master Plan Components.--The master plan shall include the 
following:
            (1) Establishment of a programmatic framework and 
        documentation for engineering, technical, and environmental 
        reviews associated with activity within the Yolo Bypass System, 
        including civil works projects under the Secretary's 
        jurisdiction and proposed actions by other entities regulated 
        by the Secretary pursuant to section 14 of the Act of March 3, 
        1899 (33 U.S.C. 408), including--
                    (A) the development of a system-wide hydraulic and 
                ecosystem baseline to facilitate assessment of impacts 
                of potential future projects, in order to streamline 
                case-by-case reviews; and
                    (B) consideration of development of regional or 
                programmatic assessments.
            (2) Development of comprehensive short- and long-term 
        general plans for future flood risk management projects within 
        the Yolo Bypass System, including their potential sequencing.
            (3) Development of programmatic, regional, or systemwide 
        environmental documentation to facilitate future reviews of 
        site-specific proposals.
            (4) Development of a streamlined review and coordination 
        process to expedite Federal and non-Federal regulatory 
        requirements, including permits, approvals, and associated 
        reviews.
            (5) Evaluation and implementation of other baseline 
        initiatives identified by agencies participating in preparation 
        of the plan that would facilitate implementation or approval of 
        initiatives relating to flood risk reduction, ecosystem 
        restoration, water quality and supply, agricultural 
        sustainability, and recreation.
    (e) Coordination With Partnership.--To the maximum extent 
practicable, the plan shall incorporate the recommendations of Yolo 
Bypass and Cache Slough Partnership.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $500,000.

SEC. 5. YOLO BYPASS AND CACHE SLOUGH PARTNERSHIP AND YOLO BYPASS SYSTEM 
              INTEGRATED PROGRAM.

    (a) Yolo Bypass and Cache Slough Partnership.--
            (1) Role of secretary.--The Secretary may participate in, 
        and provide administrative support to, the Yolo Bypass and 
        Cache Slough Partnership.
            (2) Consultation.--In carrying out paragraph (1), the 
        Secretary, in coordination with the Governor, may designate 
        other entities to consult with the Partnership.
            (3) Sense of congress.--It is the Sense of Congress that 
        the Partnership should--
                    (A) establish an organizational and management 
                structure to identify roles, responsibilities, and 
                means of engagement by member agencies of the 
                Partnership;
                    (B) provide executive oversight and policy guidance 
                for the Yolo Bypass System integrated program 
                established under subsection (d);
                    (C) promote communication and coordination among 
                members of the Partnership and with the public;
                    (D) identify shared project implementation 
                challenges and potential solutions, while addressing 
                potential conflict;
                    (E) prioritize recommended projects that advance 
                the common vision of the Partnership and promote 
                objectives of multibenefit projects;
                    (F) assist in securing Federal and State funding 
                for project implementation and other initiatives;
                    (G) explore ways to expedite Federal, State, and 
                local regulatory actions, for individual projects and 
                on a programmatic basis;
                    (H) coordinate and assist Federal, State, regional, 
                and local entities in facilitating project 
                implementation; and
                    (I) recommend Federal and State legislative and 
                policy changes.
    (b) Yolo Bypass System Integrated Program.--
            (1) In general.--Not later than 6 months after the date 
        enactment of this Act, the Secretary and the Governor, in 
        consultation with other members of the Yolo Bypass and Cache 
        Slough Partnership, shall establish a Yolo Bypass System 
        integrated program.
            (2) Program objectives.--The program established under 
        paragraph (1) shall--
                    (A) provide coordinated implementation for 
                projects, studies, programs, regulatory actions, and 
                other activities undertaken by members of the 
                Partnership;
                    (B) include features and projects and initiatives 
                associated with flood risk management, ecosystem 
                restoration, and water quality and water supply 
                improvement, and provide for continued agricultural, 
                natural resource, and economic sustainability for the 
                region; and
                    (C) be used to track progress and coordinate 
                project and program funding.
            (3) Management.--The Secretary--
                    (A) shall, with the Governor, manage the program 
                established under paragraph (1); and
                    (B) may provide support for the day-to-day efforts 
                undertaken by members of the Partnership to carry out 
                activities under the program.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $500,000 in 
each fiscal year.

SEC. 6. EFFECT ON OTHER AUTHORITY.

    Participation by any State entity in the preparation or 
implementation of the master plan under section 4, or in the 
establishment, management, or implementation of the Yolo Bypass System 
integrated program under section 5, shall not affect the existing 
authorities or responsibilities of the entity.
                                 <all>